Arizona Supreme Court Considers Conflicting Abortion Laws

Court hears arguments on 1864 near-total abortion ban and 2022 15-week ban amid ongoing confusion among providers.

Arizona Supreme Court heard arguments on whether to uphold a Civil War-era law banning almost all abortions or a 2022 law banning abortions after 15 weeks.
The 1864 law, which bans abortions in almost all circumstances, was never repealed and could make Arizona one of the states with the strictest abortion bans.
Abortion providers in the state are currently confused about which law to follow, as some counties enforce the 1864 ban, while others enforce the 15-week ban.
The Arizona Court of Appeals last December decided to 'harmonize' the laws, saying the 1864 ban should apply to individuals, but physicians could follow the newer law.
Abortion rights advocates are working to get a constitutional amendment on the November 2024 ballot that would create a 'fundamental right' to an abortion up until fetal viability.